T.A.S. v. HHS - Influenza, acute disseminated encephalomyelitis (2015)

Thomas and Ashley Saunders, as parents and next friends of T.A.S., a minor, filed a petition on March 5, 2014, under the National Vaccine Injury Compensation Program. They alleged that their child, T.A.S., developed acute disseminated encephalomyelitis (ADEM) as a result of an influenza vaccination received on October 17, 2012, and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused T.A.S.'s injury or its sequelae. However, the parties reached a joint stipulation on damages, agreeing to a lump sum payment of $160,000.00 for all damages available under 42 U.S.C. § 300aa-15(a).

Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the court, awarding the compensation. Judgment was to be entered accordingly, with the parties waiving their right to seek review.

Subsequently, on March 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to a total award of $26,000.00 for attorneys' fees and costs, with petitioners' counsel stating that the petitioners personally incurred no costs.

Special Master Dorsey approved this stipulation, granting the request for attorneys' fees and costs. The award was to be paid as a check jointly payable to the petitioners and their attorney, Bryant L.

Lewis of Lewis & Johnson. Judgment was to be entered in accordance with this stipulation.

The public decision does not describe the onset of symptoms, specific clinical details of the injury, diagnostic tests performed, treatments received, or the specific mechanism of causation.